In re The Estate of Wilkinson

Mildred “Baby” Simmons petitions the court for a rule on the clerk. The clerk refused to file her record because it was not tendered within the time set by Ark. R. App. P. 5. She contends that her attorney had open heart surgery, and such surgery constitutes sufficient “unavoidable casualty” for us to grant the rule on the clerk. The argument is without merit.

The trial court signed the final order on February 28, 1992, and it was entered on March 9, 1991. An extension of time was granted by the trial court, but the record was due in the clerk’s office no later than seven months from the entry…